|
of 29 April 2004
on residence permits issued to third-country nationals who are victims of trafficking or who have been the subject of an action to facilitate illegal
immigrationorwho co-operate with the competent authorities.
Directive 2004/81/EC entered into force on 6 August 2004, upon which time it was published in the Official Journal of the
European Union. Its purpose is to provide a legal framework in which the Member States, can grant short-term residence status
to victims of human trafficking, even if they have entered the state illegally.
The residence permit shall be valid for at least six months. It shall be granted to the individual concerned, if he/she fulfils
certain criteria, such as a willingness to co-operate with the authorities. A reflection period for the person to make the
decision of whether he/she wants to co-operate shall be given before.
It is important to note that the Member States are obligated to inform the victims, of the option of a short-term residence
permit, in the case of co-operation. During the residency period of the individual concerned, the Member States must ensure
that they receive adequate treatment, which includes the provision of sufficient resources, medical treatment, psychological
treatment, protection, translation facilities and access to recovery and re-integration programmes. The provision of free
legal aid, education or free vocational training and access to the labour market, is a matter to be decided by the Member
States in accordance with their domestic law.
Furthermore, the Member States are given scope to apply these conditions to individuals who have illegally immigrated and
who are willing to co-operate with the authorities so as to prosecute the smugglers. Moreover, the issue of whether the Directive
should be applied to minors, as well, is left at the Member States discretion in accordance with their national laws.
The Directive must be transposed into all Member States domestic law by 6 August 2006.
|
|
